CMW/C/GC/3-CRC/C/GC/22
best interests of the child (art. 3); the right to life, survival and development (art. 6); and the
right of the child to express his or her views in all matters affecting him or her, and to have
those views taken into account (art. 12). States should adopt measures, including legislative
and other policy tools, aimed at ensuring that those principles are upheld in practice and
brought into the mainstream of all policies affecting children in the context of international
migration, and in the interpretation and analysis of the specific obligations as clarified in
joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All
Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on
the Rights of the Child on State obligations regarding the human rights of children in the
context of international migration in countries of origin, transit, destination and return.
20.
The Committees reaffirm the application of articles 41 of the Convention on the
Rights of the Child and 81 of the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families, and reiterate that the provisions in
domestic and international legislation that are the most conducive to the realization of the
rights of all children in the context of international migration shall apply in cases where
standards differ. Furthermore, a dynamic interpretation of the Conventions based on a
child-centred approach is necessary to ensure their effective implementation and the respect,
protection and fulfilment of the rights of all children in the context of the increasing number
of challenges that migration poses for children.
A.
Non-discrimination (articles 1 and 7 of the International Convention on
the Protection of the Rights of All Migrant Workers and Members of
Their Families; article 2 of the Convention on the Rights of the Child)
21.
The principle of non-discrimination is fundamental and, in all its facets, applies with
respect to children in the context of international migration. 5 All children involved in or
affected by international migration are entitled to the enjoyment of their rights, regardless
of the children’s or their parents’, legal guardians’ or family members’ age, gender, gender
identity or sexual orientation, ethnic or national origin, disability, religion, economic status,
migration/documentation status, statelessness, race, colour, marital or family status, health
status or other social conditions, activities, expressed opinions, or beliefs. This principle is
fully applicable to every child and his or her parents, regardless of the reason for moving,
whether the child is accompanied or unaccompanied, on the move or otherwise settled,
documented or undocumented or with any other status.
22.
The principle of non-discrimination shall be at the centre of all migration policies
and procedures, including border control measures, and regardless of the migration status of
children or their parents. Any differential treatment of migrants shall be lawful and
proportionate, in pursuit of a legitimate aim and in line with the child’s best interests and
international human rights norms and standards. Similarly, States parties should ensure that
migrant children and their families are integrated into receiving societies through the
effective realization of their human rights and access to services in an equal manner with
nationals.
23.
The Committees recommend that States parties adopt adequate measures to combat
discrimination on any grounds and to protect children from multiple and intersecting forms
of discrimination, throughout the migration process, including in and after returning to the
country of origin, and/or as a result of their migration status. In order to achieve such a goal,
States parties should strengthen efforts to combat xenophobia, racism and discrimination
and take all appropriate measures to combat such attitudes and practices, and to collect and
disseminate accurate, reliable and updated data and information in that regard. States
should also promote the social inclusion and full integration of families affected by
international migration into the host society and implement programmes for improving
knowledge about migration and addressing any negative perceptions regarding migrants,
with the aim of protecting children affected by international migration and their families
from violence, discrimination, harassment and bullying, and fulfilling their access to rights
5
See Committee on the Rights of the Child, general comment No. 6, para. 18.
5